This Act, referred to in subsec. (a)(2), (4), is Pub. L. 102–511,
The Foreign Assistance Act of 1961, referred to in subsec. (a)(2), (4), is Pub. L. 87-195,
1999—Subsec. (a)(2), (4). Pub. L. 106–113 substituted “this Act and chapter 12 of part I of the Foreign Assistance Act of 1961)” for “this Act)”.
Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title IV, subtitle B], “The purpose of this subtitle is to establish a training program in Russia and Ukraine for nationals of those countries to obtain skills in business administration, accounting, and marketing, with special emphasis on instruction in business ethics and in the basic terminology, techniques, and practices of those disciplines, to achieve international standards of quality, transparency, and competitiveness. “Prohibitions on the use of foreign assistance funds for assistance for the Russian Federation or for Ukraine shall not apply with respect to the funds made available to carry out this subtitle.“SEC. 421. PURPOSE.“SEC. 422. DEFINITIONS.“In this subtitle:“(1) The term ‘distance learning’ means training through computers, interactive videos, teleconferencing, and videoconferencing between and among students and teachers.“(2) The term ‘eligible enterprise’ means—“(A) in the case of Russia—“(i) a business concern operating in Russia that employs Russian nationals in Russia; or“(ii) a private enterprise that is being formed or operated by former officers of the Russian armed forces in Russia; and“(B) in the case of Ukraine—“(i) a business concern operating in Ukraine that employs Ukrainian nationals in Ukraine; or“(ii) a private enterprise that is being formed or operated by former officers of the Ukrainian armed forces in Ukraine.“(3) The term ‘eligible national’ means the employee of an eligible enterprise who is employed in the program country.“(4) The term ‘program’ means the program of technical assistance established under section 423.“(5) The term ‘program country’ means—“(A) Russia in the case of any eligible enterprise operating in Russia that receives technical assistance under the program; or“(B) Ukraine in the case of any eligible enterprise operating in Ukraine that receives technical assistance under the program.“SEC. 423. AUTHORIZATION FOR TRAINING PROGRAM AND INTERNSHIPS.“(a) “(1) The President is authorized to establish a program of technical assistance to provide the training described in section 421 to eligible enterprises.“(2) Training shall be carried out by United States nationals having expertise in business administration, accounting, and marketing or by eligible nationals who have been trained under the program. Such training may be carried out—“(A) in the offices of eligible enterprises, at business schools or institutes, or at other locations in the program country, including facilities of the armed forces of the program country, educational institutions, or in the offices of trade or industry associations, with special consideration given to locations where similar training opportunities are limited or nonexistent; or“(B) by ‘distance learning’ programs originating in the United States or in European branches of United States institutions.“(b) Authorized program costs may include the travel expenses and appropriate in-country business English language training, if needed, of eligible nationals who have completed training under the program to undertake short-term internships with business concerns in the United States.“SEC. 424. APPLICATIONS FOR TECHNICAL ASSISTANCE.“(a) “(1) Each eligible enterprise that desires to receive training for its employees and managers under this subtitle shall submit an application to the clearinghouse under subsection (c), at such time, in such manner, and accompanied by such additional information as may reasonably be required.“(2) A consortium of eligible enterprises may file a joint application under the provisions of paragraph (1).“(b) An application under subsection (a) may be approved only if the application—“(1) is for an individual or individuals employed in an eligible enterprise or enterprises applying under the program;“(2) describes the level of training for which assistance under this subtitle is sought;“(3) provides evidence that the eligible enterprise meets the general policies adopted for the administration of this subtitle;“(4) provides assurances that the eligible enterprise will pay a share of the costs of the training, which share may include in-kind contributions; and“(5) provides such additional assurances as are determined to be essential to ensure compliance with the requirements of this subtitle.“(c) A clearinghouse shall be established or designated in each program country to manage and execute the program in that country. The clearinghouse shall screen applications, provide information regarding training and teachers, monitor performance of the program, and coordinate appropriate post-program follow-on activities.“SEC. 425. RESTRICTIONS NOT APPLICABLE.“SEC. 426. AUTHORIZATION OF APPROPRIATIONS.“(a) There is authorized to be appropriated $10,000,000 for the fiscal year 2000 and $10,000,000 for the fiscal year 2001 to carry out this subtitle.“(b) Amounts appropriated under subsection (a) are authorized to remain available until expended.”
Pub. L. 107–115, title II [(g)(2)–(6)], “(2) The President may waive section 907 of the FREEDOM Support Act [Pub. L. 102–511, set out below] if he determines and certifies to the Committees on Appropriations that to do so—“(A) is necessary to support United States efforts to counter international terrorism; or“(B) is necessary to support the operational readiness of United States Armed Forces or coalition partners to counter international terrorism; or“(C) is important to Azerbaijan’s border security; and“(D) will not undermine or hamper ongoing efforts to negotiate a peaceful settlement between Armenia and Azerbaijan or be used for offensive purposes against Armenia.“(3) The authority of paragraph (2) may only be exercised through “(4) The President may extend the waiver authority provided in paragraph (2) on an annual basis on or after “(5) The Committees on Appropriations shall be consulted prior to the provision of any assistance made available pursuant to paragraph (2).“(6) Within 60 days of any exercise of the authority under paragraph (2) the President shall send a report to the appropriate congressional committees specifying in detail the following—“(A) the nature and quantity of all training and assistance provided to the Government of Azerbaijan pursuant to paragraph (2);“(B) the status of the military balance between Azerbaijan and Armenia and the impact of United States assistance on that balance; and“(C) the status of negotiations for a peaceful settlement between Armenia and Azerbaijan and the impact of United States assistance on those negotiations.”
[Functions of President under subsecs. (g)(4) and (6) of title II of Pub. L. 107–115, set out above, delegated to Secretary of State by section 1–100(a)(13) of Ex. Ord. No. 12163,
Pub. L. 102–511, title IX, § 907,
Pub. L. 102–511, title X, § 1004, “(a) In order to promote macroeconomic stabilization and the integration of the independent states of the former Soviet Union into the international financial system, enhance the opportunities for trade, improve the climate for foreign investment, and strengthen the process of transformation of the former socialist economies into free enterprise systems and thereby progressively enhance the well-being of the citizens of these states, the United States should in appropriate circumstances take a leading role in organizing and supporting multilateral efforts at macroeconomic stabilization and debt rescheduling, conditioned on the appropriate development and implementation of comprehensive economic reform programs.“(b) In furtherance of the purposes and consistent with the conditions described in subsection (a), the Congress expresses its support for United States participation, in sums of up to $3,000,000,000, in a currency stabilization fund or funds for the independent states of the former Soviet Union.“(c) The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund to use the voice and vote of the United States to urge the Fund to conduct a study of the need for and feasibility of a currency stabilization fund for Ukraine, and, if it is found that such a fund is needed and is feasible, which considers and makes recommendations with respect to the economic and policy conditions required for the success of such a fund.”
Pub. L. 102–511, title X, § 1007,
Ex. Ord. No. 12884,
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the FREEDOM Support Act (Public Law 102–511) (the “Act”) [22 U.S.C. 5801 et seq.], the Foreign Assistance Act of 1961, as amended (the “Foreign Assistance Act”) [22 U.S.C. 2151 et seq.], the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1993 (Public Law 102–391) [see Tables for classification], and section 301 of title 3, United States Code, it is hereby ordered as follows:
(1) section 907 of the Act [set out above];
(2) paragraphs (1), (2), (3), and (5) of section 498A(b) of the Foreign Assistance Act [22 U.S.C. 2295a(b)(1), (2), (3), (5)];
(3) paragraph (1) of section 498A(C) of the Foreign Assistance Act [22 U.S.C. 2295a(c)(1)] and the requirement to make reports under that section regarding determinations under that paragraph; and
(4) section 599B of Public Law 102–391 [106 Stat. 1697].
(b) The Secretary of State may at any time exercise any function delegated to the Coordinator under this order or otherwise assigned to the Coordinator.
(a) [former] section 104 of the Act [22 U.S.C. 5814], and the Coordinator is authorized to assign responsibility for particular aspects of the reports described in that section to the heads of appropriate agencies;
(b) section 301 of the Act [22 U.S.C. 5821], insofar as it relates to determinations and directives;
(c) section 498A(a), section 498B(c), and section 498B(g) of the Foreign Assistance Act [22 U.S.C. 2295a(a), 2295b(c), (g)]; and
(d) paragraph (2) of section 498A(c) of the Foreign Assistance Act [22 U.S.C. 2295a(c)(2)] and the requirement to make reports under that section regarding determinations under that paragraph.
(a) sections 301(a) and 307 of the Act [22 U.S.C. 5821(a), 5827], except insofar as provided otherwise in section 2(b) of this order;
(b) section 498 and section 498C(b)(2) of the Foreign Assistance Act [22 U.S.C. 2295, 2295c(b)(2)];
(c) paragraph (3) of section 498A(c) of the Foreign Assistance Act [22 U.S.C. 2295a(c)(3)] and the requirement to make reports under that section regarding determinations under that paragraph;
(d) subsection (d) under the heading “Assistance for the New Independent States of the Former Soviet Union” contained in Title II of Public Law 102–391 [106 Stat. 1650]; and
(e) section 592 of Public Law 102–391 [106 Stat. 1691], except to the extent otherwise provided in section 5(b) of this order.
(a) sections 498B(h) and 498B(i) of the Foreign Assistance Act [22 U.S.C. 2295b(h), (i)] are delegated to the head of the agency that is responsible for administering the particular program or activity with respect to which the authority is to be exercised; and
(b) the third proviso in section 592 of Public Law 102–391 [106 Stat. 1691] are delegated to the head of each agency that is responsible for administering relevant programs or activities.
(b) As used in this order, the word “function” includes any duty, obligations, power, authority, responsibility, right, privilege, discretion, or activity.
(c) Functions delegated under this order shall be construed as excluded from the functions delegated under section 1–102(a) of Executive Order No. 12163, as amended [22 U.S.C. 2381 note].
(d) Any officer to whom functions are delegated or otherwise assigned under this order may, to the extent consistent with law, redelegate such functions and authorize their successive redelegation.
[Section 3 of Ex. Ord. No. 12884, set out above, was to cease to be effective pursuant to Pub. L. 105–277, div. G, subdiv. A, title XIV, § 1422(a)(4),
Determination of President of the United States, No. 2005–18,
Memorandum for the Secretary of State
Pursuant to the authority contained in title II of the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107–115) [see title II [(g)(2)–(6)] of Pub. L. 107–115, set out as a note above], I hereby determine and certify that extending the waiver of section 907 of the FREEDOM Support Act of 1992 (Public Law 102–511) [set out as a note above]:
• is necessary to support United States efforts to counter international terrorism;
• is necessary to support the operational readiness of United States Armed Forces or coalition partners to counter international terrorism;
• is important to Azerbaijan’s border security; and
• will not undermine or hamper ongoing efforts to negotiate a peaceful settlement between Armenia and Azerbaijan or be used for offensive purposes against Armenia.
Accordingly, I hereby extend the waiver of section 907 of the FREEDOM Support Act.
You are authorized and directed to notify the Congress of this determination and to arrange for its publication in the Federal Register.
Prior waivers of section 907 of Pub. L. 102–511 were contained in the following:
Determination of President of the United States, No. 2004–18,
Determination of President of the United States, No. 2003–12,
Determination of President of the United States, No. 2002–06,